(1)This section applies where two or more of the authorities that have undertaken a review under section 108 conclude that the establishment of a combined authority for an area would be likely to improve [F1the exercise of statutory functions in relation to the area.]
(2)The authorities may prepare and publish a scheme for the establishment of a combined authority for the area (“the scheme area”).
(3)Subject as follows, the scheme area—
(a)must consist of or include the whole or any part of the review area,
(b)may include one or more other local government areas, and
(c)must meet [F2condition A] in section 103.
(4)The scheme area may not include a local government area unless each appropriate authority for that area—
(a)participates in the preparation of the scheme, or
(b)consents to its inclusion in the scheme area.
(5)For this purpose—
(a)a county council is an appropriate authority for a local government area that is or forms part of the area of that county council;
(b)a district council is an appropriate authority for a local government area that is the area of that district council.
Textual Amendments
F1Words in s. 109(1) substituted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), ss. 6(4), 25(2)
F2Words in s. 109(3)(c) substituted (28.1.2016 for specified purposes, 28.3.2016 in so far as not already in force) by Cities and Local Government Devolution Act 2016 (c. 1), ss. 12(4), 25(2)
Modifications etc. (not altering text)
C1S. 109: functions made exercisable (E.) (18.3.2022) by The North Yorkshire (Structural Changes) Order 2022 (S.I. 2022/328), arts. 1(1), 7(3)(b)
C2S. 109 applied (E.) (18.3.2022) by The Cumbria (Structural Changes) Order 2022 (S.I. 2022/331), arts. 1(1), 17(a)
Commencement Information
I1S. 109 in force at 17.12.2009 by S.I. 2009/3318, art. 2(a)